The National Park Authorities (England) (Amendment) Order 2016
S.I. 2016/703 · Made 1 July 2016
Countryside, England
Made 1st July 2016
Laid before Parliament 7th July 2016
Coming into force 31st July 2016
The Secretary of State makes this Order in exercise of the powers conferred by section 63(1) and (4) of, and paragraphs 1(2) and (3), and 2(1) and (2) of Schedule 7 to, the Environment Act 1995f1.
The Secretary of State has consulted the council for every principal area the whole or any part of which is comprised in the Yorkshire Dales National Park as enlarged by the variation orderf2 taking effect on 1st August 2016, as required by paragraph 2(3) of Schedule 7 to the Environment Act 1995.
Annotations to the whole text
Footnotes
- f1
-
1995 c.25; paragraph 1(2) and (3) of Schedule 7 was substituted by section 61(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c.16).
- f2
-
Confirmed by the Secretary of State on 23rd October 2015. Copies are available from DEFRA, Natural Environment Policy – Land Use, 1/09, Temple Quay House, Bristol, BS1 6EB.
Contents
- 1Citation and commencement
- 2Yorkshire Dales National Park Authority
- 3Transitional provision regarding permitted development rights for the extensions to the Lake District and Yorkshire Dales
- Signature
- Explanatory note
1Citation and commencement
This Order may be cited as the National Park Authorities (England) (Amendment) Order 2016 and comes into force on 31st July 2016.
2Yorkshire Dales National Park Authority
The National Park Authorities (England) Order 2015f1 is amended as follows.
In Part 1 of Schedule 1, in the entry relating to the Yorkshire Dales National Park—
in column 2 (total membership of authority), for “22” substitute “25”;
in column 3 (number of local authority members), for “12” substitute “15”.
In Part 2 of Schedule 1, in the entry relating to Yorkshire Dales National Park Authority, for the second and third columns substitute—
“
Cumbria County Council 1 Lancashire County Council 1 North Yorkshire County Council 5 Craven District Council 3 Eden District Council 1 Lancaster City Council 1 Richmondshire District Council 2 South Lakeland District Council 1 ”
3Transitional provision regarding permitted development rights for the extensions to the Lake District and Yorkshire Dales
Where the conditions specified in sub-paragraph (2) are met, planning permission granted by the Town and Country Planning (General Permitted Development) (England) Order 2015f1 is saved.
The conditions are that—
an application was made for prior approval for development under the Town and Country Planning (General Permitted Development) (England) Order 2015 of land which will become a part of the Lake District National Park or Yorkshire Dales National Park by virtue of the extensions taking effect on 1st August 2016f2;
the application is in respect of development permitted under one of the following classes in Schedule 2 to that Order—
Class A of Part 1,
Class J of Part 3,
Class M of Part 3,
Class N of Part 3,
Class P of Part 3,
Class Q of Part 3,
Class E of Part 4,
Class A of Part 6,
Class C of Part 7,
Class J of Part 14, or
Class A of Part 16; and
prior approval was granted, or arose, before 1st August 2016, or
an appeal against the refusal of an application for prior approval was made under section 78 of the Town and Country Planning Act 1990f3 before 1st August 2016, and that appeal was subsequently successful.
Signature
Rory Stewart
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st July 2016
Explanatory note
(This note is not part of the Order)
This instrument makes provision consequent upon the enlargement of the Lake District and Yorkshire Dales National Parks by the decision of the Secretary of State on 23rd October 2015 to confirm the variation orders made by Natural England, and taking effect on 1st August 2016.
Article 2 expands the membership of Yorkshire Dales National Park Authority, adding three new local authority members in respect of newly incorporated areas.
Article 3 makes transitional provision in respect of the extensions to both National Parks. Where planning permission under permitted development rights is in place by virtue of a prior approval which was granted or arose before the extensions take effect on 1st August 2016, those rights are saved, notwithstanding the land coming within a National Park.
No impact assessment has been produced for this instrument as no impact on the private, public or voluntary sector is foreseen. An Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk.